Story Published:
May 10, 2007 at 2:35 PM PST
Story Updated:
May 10, 2007 at 5:51 PM PST
PORTLAND, Ore. (AP) - The guardian of a disabled Clackamas High School student has filed a federal lawsuit claiming the girl was raped in a school bathroom by a student who had previously assaulted another disabled girl.
The lawsuit, filed Thursday in U.S. District Court, names the North Clackamas School District, Superintendent Ron Naso, Clackamas High principal Jan Miner and teacher Angela Tucker.
School district officials could not comment on the pending litigation, a spokesman said.
The guardian alleges that the child, described in the suit as having "significant mental disabilities," was a student in Tucker's class when her best friend, another disabled girl, was raped by a special education student in a girls' restroom at the school in October 2004.
The suit says the parents of the second girl reported the attack to school officials, who in turn "assured them and the rest of the parents" that the male student would not be allowed to be alone with any female students. They also said they would protect the boy "who did not have the capacity to understand or control his behavior," the suit said.
In June 2005, the teacher sent the girl out of the "secure classroom," according to the lawsuit. No one supervised her, and, according to the suit, the male student followed her, took her into a girl's bathroom and raped her.
The guardian said the child suffered physical and emotional injuries. The suit seeks up to $1 million in damages.
(Copyright 2007 by The Associated Press. All Rights Reserved.)